The judgment establishes the importance of providing sufficient evidence to disprove written documents and the requirement to seek further relief when filing a suit for mere declaration of right under the Specific Relief Act.

JUDGMENT :

Prayer: First Appeal is filed under Section 96 of the Code of Civil Procedure, 1908 against the decree and judgment dated 26.12.2008 in O.S.No.423 of 2006, on the file of the Additional District Court, Fast Track Court No.V, Coimbatore at Tiruppur.

1. The suit filed for partition by the daughters of Late.Palanisamy Gounder, against the sons of Palanisamy Gounder was dismissed by the Trial Court upholding the validity of the release deed Ex.A.3, executed by the plaintiffs. Aggrieved by the said judgment, the appeal is preferred by the plaintiffs.

2. By virtue of a partition deed (Ex.A.1) dated 18.06.1965 entered between Palanisamy Gounder and his brother Subbaiah Gounder, the land measuring 13.34 acres at Chittambalam Village, Palladam Taluk, was allotted to the share of Late.Palanisamy Gounder. The said Palanisamy Gounder had 2 daughters and 3 sons. One of his son by name Rathinasamy predeceased him, on 01.08.1988 leaving behind his wife and 2 daughters. On 23.02.1991, Palanisamy Gounder died leaving behind him his wife, two daughters, two sons and the legal heirs of his predeceased son Rathinasamy. Within six months wife of Palanisamy died. The legal heirs of Palanisamy Gounder and Subbaiah Gounder, jointly sold 0.91 cents of land from out of 13.34 acres to one Kandasamy on 12.07.2006. On the same day, the daughters of Palanisamy, who are the plaintiffs in the suit under appeal relinquished their 2/5th share in the property of their father Palanisamy and executed a release deed on receipt of Rs.2,32,060/- each in favour of defendants 1 to 5, who are their two brothers and the legal heirs of their deceased brother. The sale deed and the release deed were registered at Sub-Registrar Office, Palladam on 13.07.2006.

3. Alleging that, the release deed dated 12.07.2006 was obtained dishonestly by misleading them and no money was received as consideration for relinquishing the right. The plaintiffs, later cancelled the release deed on 17.08.2006 and got the cancellation deed registered. After issuing notice seeking partition, suit filed claiming 2/5th shares. The 6th defendant was arrayed as a party since, the house in the suit property was sold to the 6th defendant on 03.04.2006 by the defendants 1 to 5.

4. The defendants, in their written statement contended that, the suit property, in fact is the ancestral property of their family. Palanisamy got it under the partition deed dated 18.04.1965. Thereafter, jointly enjoyed by him and his 3 sons as joint family property. The plaintiffs got married 35 years ago. They both are well settled and living separately with their respective family. They never in joint possession of the suit property. They were given enough Sridhana. In the year 1987, there was a oral family arrangement, wherein, the properties were divided into three lots and the 3 sons of Palanisamy Gounder got one share each. The sons were asked to pay Rs.1,000/- to the parents for their maintenance. Accordingly, Palanisamy and his wife were paid Rs.3,000/- per month till their lifetime. When the defendants 1 to 5 made arrangement to sell 0.91 cents of land to Kandasamy, since there was no documentary evidence for the family arrangement held in the year 1987, the buyer for his safety wanted the plaintiffs also to sign the sale deed. The plaintiffs to join the sale deed demanded future customary seers. In the presence of Panchayathars, compromise was arrived. Accordingly, 0.91 cents of land sold jointly and for the remaining land, the plaintiffs received Rs.2,32,060/- each and executed the relinquishment deed. The alleged cancellation deed dated 17.08.2006 is void and non est in law. After voluntarily executing the release deed, receiving proper and valid consideration, the plaintiffs are not legally entitled to cancel the same. The plaintiffs never had any share in the suit property which is ancestral property, more so, after the execution of the release deed receiving Rs.2,32,060/- each.

5. Based on the pleadings, the t